Byron Shire Council v MacAdam [2001] NSWLEC 232

Reported Decision : 116 LGERA 418

Land and Environment Court of New South Wales

CITATION : Byron Shire Council v MacAdam [2001] NSWLEC 232 APPLICANT Byron Shire Council PARTIES : RESPONDENT Nanette Marion MacAdam FILE NUMBER(S) : 40125 of 2000 CORAM: Talbot J KEY ISSUES: Costs :- proceedings discontinued by consent following determination of class one proceedings which remedied the continuation of the breach of the law. Environmental Planning and Assessment Act 1979 s 82A LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Land and Environment Court Rules 1996 Pt 15 r 7 Beilby v Viney Pty Ltd (2001) 113 LGERA 450; CASES CITED: Jan Yee Australia Pty Ltd v Woollahra Council and Anor (Bignold J, NSWLEC, 26 March 1997, unreported); Oshlack v Richmond River Council (1998) 193 CLR 72 DATES OF HEARING: 11/09/2001 DATE OF JUDGMENT: 10/02/2001

APPLICANT Ms L.M. Byrne (Barrister) SOLICITORS Elliot & Sochacki LEGAL REPRESENTATIVES: RESPONDENT Mr A.I. MacAdam (Agent) SOLICITORS N/A

JUDGMENT:

IN THE LAND AND Matter No. 40125 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 2 October 2001

Byron Shire Council Applicant v Nanette Marion MacAdam Respondent

REASONS FOR JUDGMENT

1. Following the discontinuance of these proceedings by consent, the applicant has moved the Court for orders that the respondent pays the applicant's costs. Ms Byrne appears for the Byron Shire Council ("the council"). The respondent is represented by her agent, Alistair Ian MacAdam, who is her brother, a Queensland barrister not admitted to practice in New South Wales.